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Non-Fatals Evaluation

The current law on non-fatal offences is contained in the Criminal Justice Act 2009 and the OAPA
act 1861. The OAPA has been deemed unsatisfactory, and in 1998, the Law Commission issued a
draft bill suggesting reforms to both structural and specific aspects of the offences.

The first…

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Non-Fatals Evaluation

fairer hierarchy. Clause one (s18) would still have a max sentence of life. Clause 2 (s20) would rise
from 5 to 7 years. Clause 3 (s47) would remain at 5 years. Clause 4 would remain at 6 months with
the alternative of a fine. By increasing the sentence…

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Non-Fatals Evaluation

However, the offence I unambiguous in that it is clear to everyone what a wound is, meaning
juries find it easy to apply. The draft bill suggests removing the offence of wounding completely,
replacing it with clause 2 "recklessly causing serious harm". This removes any ambiguity, making


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